This criminal petition for post-arrest bail arose from an FIR registered under sections 420, 468, and 471 of the Pakistan Penal Code, involving allegations of preparing a forged agreement (Iqrarnama) to usurp agricultural land and defraud the complainant. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the statutory prohibitions. The Supreme Court noted that the offences charged do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure. During proceedings, the petitioner's counsel provided a categorical undertaking that the petitioner was not involved in the forgery and would neither claim benefit from nor utilize the impugned document in any forum. Based on this undertaking, the complainant withdrew objections to the bail application. The Court converted the petition into an appeal, granted bail subject to a surety bond, and established the principle that bail granted on the basis of a specific undertaking may be cancelled if the accused subsequently flouts the spirit of that commitment.
' MANZOOR AHMAD MALIK J.---Petitioner seeks bail after arrest in case FIR No, 545 of 2015, dated 21.08.2015, offence under sections 420, 468, 471, P.P.C., registered at P.S. B-Division Kasur.
2. Precise allegation against the petitioner, as per the FIR, is that he in collusion with his co- accused, prepared a forged lqrarnama to usurp the agricultural land owned by the complainant and defrauded him.
3. After hearing the learned counsel for the petitioner, learned counsel for the complainant, learned Law Officer and perusing the available record, we have noted that the offence does not fall within the prohibitory clause of section 497(2), Code of Criminal Procedure. Moreover, during the course of arguments, both the learned counsel representing the petitioner categorically stated that the petitioner was not involved in preparing the forged document (Iqrarnama), nor he bad anything to do with the same. They however, undertook at the Bar that if the petitioner is admitted to bail, he shall not claim any benefit on the basis of the impugned document, nor will he use it anywhere. In view of this statement made by the learned counsel for the petitioner, learned counsel for the complainant submits, on instructions, that the complainant has no objection if bail is granted to the petitioner, provided that he sticks to the undertaking given by the learned counsel representing him.
4. In this view of the matter, this petition is converted into appeal and the same is allowed.
Consequently, petitioner Abdul Hafeez is admitted to bail subject to his furnishing bail bond in the sum of Rs,100,000/- (Rupees one hundred thousands only), with one surety in the like amount, to the satisfaction of the learned trial Court. Needless to observe that the complainant shall be at liberty to file a petition for cancellation of to the petitioner, if the latter, in any manner, tries to flout the spirit of the undertaking given by his learned counsel.